Medium Density Code

May 31, 2018 Other

From 6 July 2018, one and two storey dual occupancies, manor houses and multi dwelling housing (terraces) will be able to be carried out as complying development on certain land throughout NSW under the NSW Government’s new Low Rise Medium Density Housing Code (the Medium Density Code).

As complying development, approval can be obtained from an accredited private certifier or council within 20 days, subject to meeting criteria set out in the Code (overriding local planning controls), by-passing the development application process and with only limited neighbour notification.

In Mosman, the Medium Density Code will apply only to land zoned R3 Medium Density Residential under Mosman LEP 2012 that is not subject to an identified exclusion (such as heritage, or within Mosman’s Scenic Protection Area) – that is, around 1,000 lots. The Code will not apply to Mosman’s R2 Low Density Residential zoned land.

Development under the Code will generally have a greater bulk and scale; less landscaped area, planting, privacy and car parking; and no regard for overshadowing, view sharing, the desired future character of an area or the cumulative impact of development – compared with development that can be achieved under the planning controls of Mosman LEP 2012 and the Residential DCP.

Following the NSW Government’s announcement of its intent to introduce the Medium Density Code, many local communities and councils have voiced concern about the impact this will have in their neighbourhoods, particularly as the Code will allow dual occupancies, manor houses and terraces within some low density residential areas across Sydney to a greater density than allowed under the council’s LEP. The Minister for Planning has since suspended the Code for some council areas, subject to a revised housing strategy being undertaken to identify more suitable locations for medium density housing.

A report on the Medium Density Code and its impact in Mosman will be considered at the next Council Meeting on 5 June 2018.